Madhuri Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12565 of 2023 Arising Out of PS. Case No.-351 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== Madhuri Kumari Wife of Ram Babu Giri Resident of Village- Aarmanli, P.S.- Ghatao, District- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 324, 326, 307, 120B/34 of the Indian Penal Code. As per prosecution case, petitioner is wife of the informant and she in connivance with co-accused Vishwajeet Giri, under a conspiracy with an intention to kill the informant, assaulted him. It is further alleged that in the background of the case, petitioner was in illicit relationship with co-accused Vishwajeet Giri, which was protested on regular basis by her husband (informant).

It is submitted by learned counsel for the petitioner that the petitioner is innocent and she has falsely been implicated in the present case on the basis of suspicion. The petitioner is wife of the

Patna High Court CR. MISC. No.12565 of 2023(3) dt.11-07-2023 2/2 informant. Her name has been dragged in this case due to the matrimonial dispute between the petitioner and her husband (informant). Co-accused Vishwajeet Giri, has already been granted bail by a co-ordinate Bench of this Court vide order dated 12.05.2023 passed in Cr. Misc. No. 9771 of 2023. It is also submitted that petitioner is a lady who is languishing in judicial custody since 03.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sarairanjan P.S. Case No. 351 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Samastipur. (Sunil Kumar Panwar, J) lata/- U T